In a major blow to CBI Special Director Rakesh Asthana, the Delhi High Court on Friday ruled that he will be investigated in the ongoing bribery case and no prior sanction was required to prosecute him, implying he enjoys no protection against a possible arrest.
Justice Najmi Waziri said that the allegation of “mala fide” raised against then CBI Director Alok Verma has not been made out.
Rejecting a clutch of petitions for quashing of the FIR filed against Asthana, CBI DSP Devender Kumar and alleged middleman Manoj Prasad, the HC set a 10-week deadline to complete the investigations in the case.
The court held that permission for prior sanction to prosecute Asthana was not required considering the facts of the case. Asthana is likely to challenge the HC verdict before the Supreme Court.
The HC gave its verdict while dismissing the petitions filed by Asthana, Kumar and Prasad challenging the FIR lodged against them.
Asthana was booked on charges of criminal conspiracy, corruption and criminal misconduct under the relevant sections of Prevention of Corruption Act.
Verma and Asthana were embroiled in bitter feud for several months and had levelled charges of corruption against each other. Both were divested of their power and sent on leave on the night of October 23.
Verma, who was ousted as CBI Director by a three-member high powered committee headed by Prime Minister Narendra Modi in a 2-1 decision on Thursday, asked the Government to treat him “deemed superannuated” with immediate effect. Verma’s two-year tenure as CBI chief was to end on January 31.
Hyderabad-based businessman Sathish Babu Sana, on whose complaint the FIR against Asthana and others was lodged, had alleged having paid bribe to get relief in the Moin Qureshi case.
Justice Waziri had reserved the judgment on December 20, 2018 on various petitions after hearing submissions of the counsel for CBI, the Centre, Asthana, Kumar, Verma and Joint Director AK Sharma.
Kumar, arrested on October 22, was given bail on October 31.
Kumar, earlier the investigating officer in a case involving meat exporter Moin Qureshi, was arrested on the allegations of forgery in recording the statement of Sana.
Prasad was arrested on October 17, 2018 and he was granted bail on December 18 as the CBI could not file the chargesheet against him within the stipulated 60 days.
Verma had in an affidavit said that there were sufficient incriminating documents and evidence against all the accused -- Asthana, Kumar and Prasad -- with the CBI, and the FIR had been lodged after the Preliminary Enquiry (PE) disclosed cognisable offences.
He had claimed that Asthana’s plea is misconceived, premature and not maintainable as investigation in the matter is at a nascent stage.